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8.1 SR 06-20-2023
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8.1 SR 06-20-2023
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the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the <br />location, construction, and maintenance of said public sidewalk and drainage and utility systems. <br />Grantor hereby grants the uses specified in this Easement without divesting itself of the <br />right to use and enjoy the above-described permanent Easement Premises, provided Grantor's use <br />does not interfere with the City's use of the same for the purposes described in this Easement. <br />2. The City will maintain insurance with at least the minimum coverage consistent <br />with the liability limits provided under Minnesota Statutes, Chapter 466. Proof of existence of <br />the policy, including, without limitation, an insurance certificate will be provided by the City to <br />the Grantor within ten (10) days of the execution of this Easement. Furthermore, the City will <br />indemnify, defend and hold Grantor and its officers, members, governors, employees, contractors <br />and agents harmless from any and all liability, loss, cost, or expense of any nature (including <br />reasonable attorneys' fees) or any claims made by it and any third parties for damages sustained <br />or costs incurred from the City's exercise of its rights under this Easement, or as a result from <br />the City's use of the Easement Premises, except for any costs or damages resulting from the <br />negligence or willful misconduct of Grantor, its officers, employees and agents. Nothing in this <br />Easement will constitute a waiver of the City of any statutory of common law immunities or <br />liability limitations. <br />3. The City, its contractors, agents, servants and assigns will use best efforts to <br />minimize the disturbance of Grantor's quiet enjoyment of the Easement Premises. <br />4. Grantor, for itself, its successors and assigns, does covenant with the City, its <br />successors and assigns, that Grantor is well seized in fee title of the above described Easement <br />Premises; that it has the sole right to grant and convey the easements to the City; that there are no <br />2 <br />226712v2 <br />
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